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september 2016

Supreme Court of India · 2016-09-05

PRABHU CHAWLA vs STATE OF RAJASTHAN

Citation / case number
SC 2009/13273
Court
Supreme Court of India
Petitioner
PRABHU CHAWLA
Respondent
STATE OF RAJASTHAN
Author
SHIVA KIRTI SINGH
Bench
J. CHELAMESWAR,SHIVA KIRTI SINGH,ABHAY MANOHAR SAPRE

Judgment text excerpt

The Supreme Court held that the availability of an alternative remedy under Section 397 of the Cr.P.C. does not bar the invocation of inherent powers under Section 482 of the Cr.P.C. The Court found the Rajasthan High Court's dismissal of the petitions as contrary to the law established in Dhariwal Tobacco Products Ltd. v. State of Maharashtra, and thus remanded the matters for fresh consideration. The Court emphasized that the inherent jurisdiction of the High Court should be exercised even when a revision petition is maintainable.

PRABHU CHAWLA vs STATE OF RAJASTHAN · Niyam